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This memorandum is uncorrected and subject to revision before publication in the New York Reports.
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No. 60
The People &c., Respondent, v. William E. Miller, Appellant.
David M. Abbatoy, Jr., for appellant.
Stephen X. O'Brien, for respondent.
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Order affirmed. Defendant's argument that he did not receive a hearing in accordance with due process of law is unpreserved for our review. We do not accept defendant's contention that the error here, if any, constitutes a mode of proceedings error.
Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Decided April 26, 2007
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